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    <title>2004 (6) TMI 430 - CESTAT, MUMBAI</title>
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    <description>Fruit-based drinks containing pulp, sugar, water, preservatives and additives were treated as ready-to-serve non-alcoholic beverages under CETA heading 2202.90 rather than fruit preparations. Exemption under Notifications 103/90, 2/94 and 16/96 was held admissible for Jumpin Mango and Jumpin Guava, and the claim could not be rejected merely because it was not raised in the classification list. Modvat credit on inputs was allowed subject to verification of duty-paying documents. Assessable value was directed to be recomputed on a cum-duty basis after examining freight and sales tax deductions. Penalty was set aside as unsustainable in finalisation of provisional assessments.</description>
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    <pubDate>Tue, 29 Jun 2004 00:00:00 +0530</pubDate>
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      <description>Fruit-based drinks containing pulp, sugar, water, preservatives and additives were treated as ready-to-serve non-alcoholic beverages under CETA heading 2202.90 rather than fruit preparations. Exemption under Notifications 103/90, 2/94 and 16/96 was held admissible for Jumpin Mango and Jumpin Guava, and the claim could not be rejected merely because it was not raised in the classification list. Modvat credit on inputs was allowed subject to verification of duty-paying documents. Assessable value was directed to be recomputed on a cum-duty basis after examining freight and sales tax deductions. Penalty was set aside as unsustainable in finalisation of provisional assessments.</description>
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